Salvador P. Simao

Partner
Berkeley Heights,  NJ  U.S.A.
Phone973.646.7302

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Experience & Credentials
 

Practice Areas

  • Employment Law
  • Global Legal Services
  • Government Contractors
  • Healthcare
  • Hospitality
  • Litigation
  • Long Term Care
  • Retail
  • Transportation
  • Wage/Hour
 
University Seton Hall University, B.A., 1994
 
Law SchoolRutgers Law School, J.D., 1997
 
Admitted1998, New York and New Jersey; District of Columbia; U.S. District Court for the Eastern District of New York; U.S. District Court for the Southern District of New York; U.S. District Court for the Northern District of New York; U.S. District Court for the Western District of New York; U.S. District Court for the District of New Jersey
 
Memberships 

Memberships

American Bar Association (Member, Labor & Employment Section, Federal Labor Standards Legislation Committee)
New Jersey State Bar Association (Member, Amicus Committee)
Somerset County Bar Foundation (Board Member)
Hispanic National Bar Association (Benjamin Aranda Lifetime Member)
New Jersey Supreme Court Committee on Model Civil Jury (Appointee, Model Civil Jury Charges Committee)
New Jersey Supreme Court Ethics Committee (Appointee, District VC Ethics Committee)
New Jersey State Bar Foundation (Member, Program Development Committee)
New Jersey Supreme Court Model Civil Jury Charge Committee, Employment Law Subcommittee (Member, 2011 - 2012)

 
LanguagesPortuguese (fluent)
 
Born1970
 
Biography

Sal Simao focuses his practice on the representation of companies in employment law matters with a specialization in wage and hour litigation and compliance.

Sal also frequently defends employers against allegations of age, race, national origin, disability, and sex discrimination; sexual and racial harassment; and retaliation. His litigation experience includes representing employers in wage and hour class actions, non-compete claims and ERISA cases. Sal provides Fortune 500 companies day-to-day employment law advice in developing compliance auditing tools, developing informal partnership agreements between the U.S. Department of Labor (DOL) and Fortune 500 companies and training executives, human resources personnel and managers. Sal co-chairs the discrimination international practice group of Ius Laboris, the global human resources law firm alliance of which FordHarrison is the sole U.S. member. He is also on the Board of Directors for the New Jersey Motor Truck Association.

Earlier in his career, Sal was a Trial Attorney with the Office of the Solicitor of the DOL. During his time with the DOL, he litigated a number of novel and high profile wage and hour cases. He also negotiated several unique settlements, securing remedies that were otherwise unobtainable under wage and hour statutes and which served as models for future settlements. Sal successfully represented the DOL in Sereboff v. Mid-Atlantic, 407 F.3d 212 (4th Cir. 2005); which was later affirmed by the U.S. Supreme Court. While at DOL, Sal won several of awards including being the youngest attorney at the time to win the attorney of the year award and several Secretary Exceptional Achievement Awards.

Publications

March Madness: Could Friendly Wagers Among Employees Put Your Organization At Risk? March 19, 2015
Supreme Court Upholds DOL's Rulemaking Procedure in Reclassifying Mortgage Loan Officers March 11, 2015
New Jersey's Ban the Box Law Takes Effect March 1, 2015 February 20, 2015
Philadelphia Enacts Paid Sick Leave Ordinance February 18, 2015
Winter Storms Raise a Blizzard of Questions for Employers January 27, 2015
New Jersey Supreme Court Restricts Ability to Label Workers as Independent Contractors January 14, 2015
Supreme Court Narrows Test for Compensable Time Under the FLSA December 9, 2014
Resource Update: When Voting Rights and Politics Enter the Workplace October 28, 2014
Diversity... Moving Foward - Summer 2014 August 25, 2014
New Jersey Bill Expanding Prohibition on Discrimination Against Unemployed Advances In State Legislature May 22, 2014
Resource Update - Navigating the Shadow Workforce of Interns, Volunteers, Independent Contractors and Temporary Workers May 19, 2014
D.C. Council Seeks to Amend Wage Theft Prevention Act May 7, 2014
Legal Alert: President Obama Orders Changes In Overtime Regulations - What to Expect and When March 18, 2014
Georgia Employment Law Letter
HR Hero March 15, 2014
Legal Alert: Mayor Approves Newark Paid Sick Leave; Ordinance Expected To Take Effect Mid-June 2014 March 7, 2014
Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk? March 6, 2014
Legal Alert: Employers Must be Prepared to Deal with the Aftermath of the Recent Winter Storms February 18, 2014
Legal Alert: Newark City Council Passes Paid Sick Leave Ordinance; Mayor Expected To Approve Measure February 7, 2014
Legal Alert: New York Law Makes Misclassification of Workers in the Transportation Industry More Costly than Ever February 5, 2014
Legal Alert: New Gender Equity Poster and Notice Required for New Jersey Employers January 30, 2014
Restaurant Industry Newsletter - January 2014 January 10, 2014
Legal Alert: Bill to Amend New Jersey Law Against Discrimination to Include Protections For Pregnant Workers Passed By Legislature, Awaits Governor Approval January 8, 2014
Legal Alert: Proposed Law Would Amend New Jersey Employment Discrimination and Whistleblower Laws to Protect Interns December 3, 2013
Legal Alert: New Jersey Voters Approve Minimum Wage Hike; Rate to Increase to $8.25 with Future Increases Tied to Cost of Living November 6, 2013
Legal Alert: Jersey City Passes Paid Sick Leave Law; Applies to Employees Who Work At Least 80 Hours Per Calendar Year in City September 27, 2013
Legal Alert: New Jersey Governor Signs Social Media and Gender Parity Laws September 5, 2013
Legal Alert: New Jersey Enacts Domestic Violence Leave Law; Effective Oct. 1, 2013, Employers Must Provide 20 Days' Leave for Victims July 22, 2013
Legal Alert: New Jersey Bill Would Limit Enforceability of Post-Employment Covenants April 17, 2013
Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk? April 1, 2013
Legal Alert: New Jersey Governor Conditionally Vetoes Minimum Wage Increase February 5, 2013
Legal Alert: Proposed NJ Law Would Impact Certain Independent Contractors October 16, 2012
Legal Alert: New Jersey Governor Takes Action on Gender Pay Parity Bills September 28, 2012
Legal Alert: What to Watch in New Jersey - Pending Legislation July 18, 2012
Legal Alert: Federal Court Finds Owner-Operators Independent Contractors Under FLSA July 3, 2012
Creating a Presumption that Owner-Operators Are Employees, Not Contractors
New Jersey Law Journal May 7, 2012
Legal Alert: New Jersey Legislature Considering Increase to State Minimum Wage Rate February 27, 2012
Labor: Paying Salaried Non-Exempt Employees Using the Fluctuating Workweek Method
Inside Counsel February 27, 2012
Legal Alert: New Jersey Legislature Attempting to End Owner Operators and Deputize Labor Unions February 15, 2012
Labor: 4 Steps to Identifying and Handling High-Risk Independent Contractors - Reducing Wage and Hour Liability in 2012
Inside Counsel January 30, 2012
Labor: The Year of the Gotcha
Inside Counsel January 6, 2012
Legal Alert: Watch Out Employers of Commissioned Sales People in New Jersey - They're No Longer Exempt October 13, 2011
Watch Out Employers of Commissioned Sales People in New Jersey - They're No Longer Exempt
Practical Law Company October 13, 2011
Watch Out Employers of Commissioned Sales People in New Jersey - They're No Longer Exempt
Lexology October 13, 2011
Legal Alert: Employee Misclassification Relief? September 27, 2011
Employee Misclassification Relief?
Lexology September 27, 2011

Presentations

Preventing an FLSA DOL Audit May 7, 2014
Second Annual Holiday Labor & Employment Law Workshop Complimentary Seminar - Basking Ridge, NJ December 6, 2012
NJ Bankers Employment Law Update Seminar - Monroe Township, NJ March 22, 2012
First Annual Labor & Employment Holiday Luncheon and Conference - Short Hills, New Jersey December 1, 2011

Media Coverage

National Limitation on Work Hours Complicate Multinational Projects March 25, 2015
March Madness: Could Friendly Wagers Among Employees Put Your Organization At Risk? March 19, 2015
Supreme Court Upholds DOL's Rulemaking Procedure in Reclassifying Mortgage Loan Officers March 11, 2015
Port Driver Efforts Show the Long, Hard Fight for Justice February 25, 2015
New Jersey's Ban the Box Law Takes Effect March 1, 2015 February 20, 2015
Philadelphia Enacts Paid Sick Leave Ordinance February 18, 2015
Winter Storms Raise a Blizzard of Questions for Employers January 27, 2015
New Jersey Supreme Court Restricts Ability to Label Workers as Independent Contractors January 14, 2015
Supreme Court Narrows Test for Compensable Time Under the FLSA December 9, 2014
Resource Update: When Voting Rights and Politics Enter the Workplace October 28, 2014
When Voting Rights and Politics Enter the Workplace October 14, 2014
McDonald's, Darden FLSA Fights Show Pitfalls Of Big Classes September 17, 2014
More States Ban Hiring Discrimination Against the Unemployed, Feds May Follow August 15, 2014
New Jersey Bill Expanding Prohibition on Discrimination Against Unemployed Advances In State Legislature May 22, 2014
Resource Update - Navigating the Shadow Workforce of Interns, Volunteers, Independent Contractors and Temporary Workers May 19, 2014
D.C. Council Seeks to Amend Wage Theft Prevention Act May 7, 2014
Legal Alert: President Obama Orders Changes In Overtime Regulations - What to Expect and When March 18, 2014
Employers Should Take The Offense During March Madness March 17, 2014
Georgia Employment Law Letter March 15, 2014
Legal Alert: Mayor Approves Newark Paid Sick Leave; Ordinance Expected To Take Effect Mid-June 2014 March 7, 2014
Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk? March 6, 2014
Legal Alert: Employers Must be Prepared to Deal with the Aftermath of the Recent Winter Storms February 18, 2014
Legal Alert: Newark City Council Passes Paid Sick Leave Ordinance; Mayor Expected To Approve Measure February 7, 2014
Legal Alert: New York Law Makes Misclassification of Workers in the Transportation Industry More Costly than Ever February 5, 2014
Legal Alert: New Gender Equity Poster and Notice Required for New Jersey Employers January 30, 2014
Legal Alert: Bill to Amend New Jersey Law Against Discrimination to Include Protections For Pregnant Workers Passed By Legislature, Awaits Governor Approval January 8, 2014
2013 Marks Year Of Increased Worker Rights In NJ December 12, 2013
Legal Alert: Proposed Law Would Amend New Jersey Employment Discrimination and Whistleblower Laws to Protect Interns December 3, 2013
Legal Alert: New Jersey Voters Approve Minimum Wage Hike; Rate to Increase to $8.25 with Future Increases Tied to Cost of Living November 6, 2013
Jersey City Sick Leave Law Awaits Mayor's Signature October 10, 2013
Legal Alert: Jersey City Passes Paid Sick Leave Law; Applies to Employees Who Work At Least 80 Hours Per Calendar Year in City September 27, 2013
Legal Alert: New Jersey Governor Signs Social Media and Gender Parity Laws September 5, 2013
NJ Paid Sick Leave Bill Would Ensnare Even Smallest Cos. August 29, 2013
Legal Alert: New Jersey Enacts Domestic Violence Leave Law July 26, 2013
Legal Alert: New Jersey Enacts Domestic Violence Leave Law; Effective Oct. 1, 2013, Employers Must Provide 20 Days' Leave for Victims July 22, 2013
NJ Bill Could Shake Up Contractor Model for Port Trucking May 16, 2013
Privacy Bill Veto Gives NJ Employers Reprieve From Litigation May 7, 2013
Protect Yourself and Your Employees April 19, 2013
Legal Alert: New Jersey Bill Would Limit Enforceability of Post-Employment Covenants April 17, 2013
NJ High Court Poised To Clarify Whistleblower Protections April 11, 2013
Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk? April 1, 2013
Know Your Risks Before You Make Your Bracket March 29, 2013
What To Expect For NJ Employers In 2013 March 5, 2013
What to Expect for New Jersey Employers in 2013 March 5, 2013
Legislature's Radical Remedies For Wage and Hour Violations February 11, 2013
Legal Alert: New Jersey Governor Conditionally Vetoes Minimum Wage Increase February 5, 2013
New Jersey Legislation to Watch in 2013 January 1, 2013
Drafting the Perfect Arbitration Provision December 3, 2012
Small Businesses Caught in the Crosshairs November 1, 2012
Federal Judge Dismisses Drayage Lawsuit in New Jersey; Judge Says Lease Agreement Indicates Drayage drivers are Independent Contractors, Not Employees July 16, 2012
Ironbound Express Wins dismissal of Teamster-Supported Lawsuit July 3, 2012
'Inside Sales' Exemption Missing From Revised N.J. Overtime Rules October 20, 2011
Movers October 17, 2011
Law Firm Insider: 9/27/11 September 27, 2011

In Depth Analysis

•Corporate Counsel - When Voting Rights and Politics Enter the Workplace October 22, 2014

Recent Experience

•Recently served as lead trial counsel in the US District Court, New Jersey defending a Motor Carrier in a Fair Labor Standards Act lawsuit involving the misclassification of owner operators as independent contractors.

•Recently conduct full wage hour audit of Fortune 100 company. The audit included reviewing classifications of exempt employees and independent contractors, the time and attendance /payroll systems and policies and training materials.
•In addition to representing employers in numerous routine single plaintiff discrimination cases, Sal handles complex and novel discrimination matters including the following:
•Conducting a complex analysis of payroll records to defended company in pay equity class action where on the face on the record the company seemed to discriminate against certain protected classes.
•Representing a corporation which was sued by another corporation for reverse discrimination under 12L of New Jersey's law against discrimination based on the company's diversity and inclusion policies.
•Routinely providing advice to companies in termination of employees and reductions in force to avoid disparate impact and litigation.

Recent Publications

•Editor, Fair Labor Standards Act, BNA/ABA Publishing
•America's Work Force Has Been Transformed By the Recent Recession, Construction Today, May 2011
•How to Survive a Wage Hour Investigation, Practical Law Company, January 2010
•Tip Credits, Ask the Expert: Q&A, Fair Employment Practices Guidelines, August 2009
•Creating a Presumption that Owner-Operators Are Employees, Not Contractors, NJ Law Journal, May 7, 2012
•Labor: Paying Salaried Non-Exempt Employees Using the Fluctuating Workweek Method, Inside Counsel, February 27, 2012
•New Jersey Legislature Considering Increase to State Minimum Wage Rate, FordHarrison, LLP Legal Alert, January 30, 2012
•Labor: 4 Steps to Identifying and Handling High-Risk Independent Contractors - Reducing Wage and Hour Liability in 2012, Inside Counsel, January 30, 2012
• Labor: The Year of the Gotcha, Inside Counsel, January 6, 2012
•Inside Sales Exemption Missing From Revised N.J. Overtime Rules, NJ Law Journal, October 20, 2011
•Watch Out Employers of Commissioned Sales People in New Jersey - They're No Longer Exempt, FordHarrison LLP Legal Alert, October 13, 2011
•Employee Misclassification Relief? FordHarrison LLP Legal Alert, September 27, 2011

Recent Speaking Engagements

•ABA Independent Contractor Workshop, 2011
•ACI Wage Hour Workshop, 2010 and 2011
•Handling a DOL Investigation, Association for Corporate Counsel Annual Meeting, 2009
•The Hidden Dangers in Independent Contracting, NY Port Industry Day, 2011
•Owner Operators Liability: What You Need to Know, NJ Motor Truck Association, 2011 and 2012
•Hot Issues in Wage Hour Law, NJ Banker's Association, 2011 and 2012
•How to Avoid Wage Hour Landmines: A Practical Approach to Wage Hour Compliance, First Annual Labor & Employment Holiday Luncheon and Conference - Short Hills, New Jersey, 2011

 
ISLN914421113
 

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March Madness: Could Friendly Wagers Among Employees Put Your Organization At Risk?
Salvador P. Simao, March 24, 2015
Executive Summary: The American Gaming Association estimates that Americans will wager $9 billion on the NCAA tournament, more than double the estimated $3.9 billion bet on the Super Bowl, bringing March Madness to a whole new level. Of that amount, only about $2 billion will be bet legally. See...

Supreme Court Upholds DOL's Rulemaking Procedure in Reclassifying Mortgage Loan Officers
David A. Prather,Salvador P. Simao, March 12, 2015
Executive Summary: On March 9, 2015 the U.S. Supreme Court held that a federal agency is not required to engage in notice-and-comment rulemaking when it issues an interpretation of a regulation that is significantly different from its prior interpretation. In Nickols v. Mortgage Bankers...

New Jersey's "Ban the Box" Law Takes Effect March 1, 2015
David S. Kim,Salvador P. Simao, February 27, 2015
Executive Summary: The New Jersey Opportunity to Compete Act (the "Act"), known as the "Ban the Box" law, will go into effect on March 1, 2015. The Act prohibits employers from inquiring about an applicant's criminal background during the initial employment application process....

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Office Information

Salvador P. Simao

400 Connell Drive, Suite 5200
Berkeley HeightsNJ 07922




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